The release Update with Appendix Oct 2019 includes guidance on determining whether a claim recites one or more abstract idea(s) and if so, if the abstract idea(s) is/are limited to practical applications of the idea, additional examples in the life sciences and data processing categories and a table of cases from the Supreme Court and […]
In MTD Products, Inc. v. Andrei Iancu (MTD), MTD appealed to the Federal Circuit from an IPR decision holding all claims unpatentable of US 8,011,458. The claims at issue concerned a zero-turn radius vehicle, typically a mower. The claim term “mechanical control assembly” was at issue and in particular, whether or not the claim term […]
FYF-JB, LLC sued Pet Factory for allegedly infringing its tug-toy patent. Pet Factory responded with a motion to dismiss, arguing that the asserted claims are not patent eligible, and further, noncompliant with 35 USC §112. FYF-JB v Pet Factory In particular, FYF-JB’s tug-toy patent (US 9,681,643) describes that a need existed in the art for […]
An article outlining the background and deficiencies in the settlement can be found at https://epic.org/privacy/facebook/epic2019-challenge/. Links to the motion, the opposition of Facebook and the Government to EPIC’s motion and EPIC’s reply, among other FTC, and FOIA documents are provided.
The report provides a good overview of privacy legislation currently pending. See Epic’s Report here EPIC GradingOnACurve. Rather, EPIC ranked Senator Ed Markey’s (D-MA) Privacy Bill of Rights Act, S. 1214 Markey’s Privacy Bill of Rights Act, as the most comprehensive and responsive to current privacy threats. The title of the report is noteworthy – […]
The attached publication from the EPO EPO Appeal Rule Changes 1JAN2020 includes a chart showing the rule in its current form, the rule showing the proposed changes, and explanatory remarks. The amendments are mainly directed to case management and provides means to accelerate the appeal proceedings. Acceleration can be requested by either party, or by […]
In 84 FR 44889, the USPTO has requested comments on issues related to patenting inventions related to artificial intelligence. Although the PTO states that any comments believed to be relevant are welcome, the Notice poses 12 questions in which the PTO is particular interested in answers. Comments must be received on or before October 11, […]
I see this a fair amount, and actually just prepared a response last week where the Examiner had so construed a reference, and so this decision caught my eye. In Ex parte de Ceuster, the Examiner had combined two components of the prior art, a masking layer 2 and insulating layer 20, in order to […]
Or, “Here, the something is a potato” In Ex Parte Barber, the Board reversed the Examiner on all grounds, and on one in particular, held that the Examiner’s broadest reasonable interpretation of the claim recitation “potato slice”, was unreasonable. Specifically, the Examiner had construed a teaching of a dough that included potato flour, that was […]